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HomeMy WebLinkAboutencroachment.planters.roof overhang.City Market Block 106.1981 I ENCROACHMENT LICENSE THIS AGREEMENT made and entered into this 6th day of May 1981 , by and between the City of Aspen, Pitkin County, Colorado , ' hereinafter referred to as "Aspen" and City Market, Inc . ; hereinafter referred to as "Licensee" . WHEREAS , Licensee is the (owner/1essee)' -6f­the following .described property located in the City of Aspen, Pitkin County, Colorado : Lots A-I , Block 106 WHEREAS , said property abuts the following described public right(s) -of-way : Original St . Cooper St . Spring St. Designated Alley WHEREAS , Licensee desires to encroach upon said right(s) -of- way feet parallel and adjoining to the property above described for the following purpose : See Attachment "A: WHEREAS , Aspen agrees to the grant of a private license of encroachment subject to certain conditions . THEREFORE , in consideration of the mutual agreement herein- after contained, Aspen and Licensee covenant and agree as fol- lows : 1 . A private license is hereby granted to Licensee to _ right-of-way for the sole purpose described. 2 . This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole dis- cretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof , carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages , costs and expenses , to persons or property that may arise out of , or be occasioned by the use , occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent , customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty ( 30) days ' written notice of [ its , her, his , their] intent to cancel . This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall , at [ its , his , her, their] expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists , or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, [its , his , her , their] heirs , successors and assigns . IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN , COLORADO By Herman Edel Mayor ATTEST: Kathryn S/ Koch City Clerk Lich ee Attachment "A" Encroachment description for Lots A-I , Block 106 - Aspen, Colorado Original Street (includes the shed and a planter) Beginning at the northeast property corner, thence S 750 09 ' 11" E 8 . 8 ' ; thence S 140 50 ' 49" W 76 .1 ' ; thence N 750 09 ' 11" W 8 . 8 ' ; thence N 140 50 ' 49" E 76 .1 ' ; to the point of beginning; Cooper Avenue Roof Overhang: Commencing at the northeast property corner, thence N 750 09 ' 11" W 12 . 26 ' ; to the point of beginning; thence N 140 50 ' 49" E 8 . 45 ' ; thence N 750 09 ' 11" W 1201 ; thence S 140 50 ' 49" W '8 .45 ' ; thence S 750 09 ' 11" W 120 . 0 ' to the point of beginning; Planter Commencing at the northeast property corner, thence N 750 09 ' 11" W 167 . 0 ' ; to the point of beginning; thence N 140 50 ' 49" E 31 ; thence N 750 09 ' 11" W 103 . 11 ; thence S 140 50 ' 49" W 31 ; thence S 750 09 ' 11" E 103 . 1 ' to the point of beginning; Spring Street (two planters) Commencing at the northeast property corner, thence N 759 09 ' 11" W 270 . 1 ' to the point of beginning; thence S 140 50 ' 49" W 75 ' ; thence N 750 09 ' 11" W 7 . 5 ' ; thence N 140 50 ' 49" E 24 ' ; thence S 750 09 ' 11" E 7 . 5 ' ; thence N 140 50 ' 49" E 22 .4 ' ; thence N 750 09 ' 11" W 7. 5 ' ; thence N 140 50 ' 49" E 31. 61r- thence 1. 6 ';thence S 750 09 ' 11" E 7 . 51 ; thence S 140 09 ' 11" W 3 . 0 ' to the point of beginning.